Dr Asangba Tzudir
On 19th November 2015, the government of India declared 26th November as Constitution Day through a gazette notification. Since then, every year, Constitution day, also known as Samvidhan Divas, is celebrated in India on 26th November to commemorate the adoption of the Constitution of India. Previously this day was celebrated as Law day. 26th November was chosen to highlight the importance of the Constitution and to spread thoughts and ideas of Ambedkar who is the Architect of India’s Constitution. This year marked the 75th year since the coming of the constitution on India even as the nation reiterated its commitment to the constitution and moving towards “VIKSIT BHARAT” on the path shown by the constitution
The constitution is there to guide the citizens of India, the country’s government bodies and other authorities in the ‘right’ manner so that peace, prosperity and well-being of everyone is ensured in a diverse country like India. Going by the content of the constitution, it is rightly said that the Constitution is the supreme power of the country, wherein, even the decisions made in the Parliament and Supreme Court of India are all based on the laws and codes defined in the Constitution of India.
However, with the emerging trends in Indian politics, the system and the level of politicking, the laws, codes, rights and duties mentioned in the Indian Constitution need strict adherence by the Citizens of the country wherein no one sit above the law. Being a Sovereign Socialist Secular Democratic Republic, it mirrors a welfare state and that itself should put people first. While the Constitution assumes a day of national importance, the celebration of Constitutional day all over India while celebrating the constitution should once again call for a reaffirmation and recommitment of the constitution from every citizen of the country.
Recommitting to the Constitution also encompasses the larger philosophy of Constitutionalism which emphasizes the importance of Constitution as the supreme law of the land, while also limiting the power of government and also prevent arbitrary use of power and thereby protect individual rights. That, the Constitution establishes the rule of law thereby ensuring that the actions of the government are lawful and not arbitrary. Constitutionalism should also ensure that the power defined within the Constitution is streamlined towards the legislative, executive and the judiciary, and where rights of the citizens are ensured and protected. Most importantly, the actions of the government should be subject to scrutiny for ensuring transparency and accountability. As such, Constitutionalism should help in designing mechanisms that determine who can rule, how and for what purposes. This will then enable the establishment of a condition of political equality that is characterized by a balance of power between all the relevant groups and parties within a polity, so that no one can rule without consulting the interests of the ruled.
In other words, Constitutionalism checks whether the act of a government is legitimate and whether officials conduct their public duties in accordance with the constitution. With the exception of some countries like the United Kingdom (Britain), New Zealand and Israel which have uncodified or unwritten constitution the rest have written constitution. However, having a Constitution alone does not secure constitutionalism, that, all the countries do not practice constitutionalism. As such, Constitutionalism is far more important than the Constitution itself.
While the Constitution calls upon each and every citizen of the nation to commit to the Constitution, it also draws on the larger responsibility of the citizens on the issues surrounding Constitutionalism towards building a responsible and accountable government, and one among others, that respects, protects and ensures the rights and well-being of each individual citizen.
(Dr Asangba Tzudir contributes a weekly guest editorial to The Morung Express. Comments can be mailed to asangtz@gmail.com)
